Allowed

Sri Naveen Kumar K v. the State of Karnataka

Karnataka HC13 Mar 2024CRL.P/1226/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings against petitioners-accused. Upon a joint compromise, payment of alimony, and prior divorce, the court permitted compounding and quashed the criminal charges.

What did the court decide?

Proceedings in C.C.No.4845/2023 were quashed; petitioners permitted to compound offences.

Sri Naveen Kumar K Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:10321 CRL.P No. 1226 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 1226 OF 2024

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BETWEEN:

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SRI. NAVEEN KUMAR K S/O SRI. KRISHNAMURTHY, AGED ABOUT 36 YEARS,

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SMT. GAYATHRI W/O SRI. KRISHNAMURTHY, AGED ABOUT 58 YEARS,

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BOTH ARE R/AT NO.275, NEAR AGARA LAKE, AGARA, BALAJI LAYOUT, HORAMAVU, BANGALORE - 560 043.

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…PETITIONERS

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(BY SRI. KIRAN GOWDA M., ADVOCATE)

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AND:

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION, BANGALORE,

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REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 01.

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SMT. ARPITHA C D/O SRI. CHANNAKRISHNA, W/O SRI. NAVEEN KUMAR K, AGED ABOUT 28 YEARS, R/AT NO.334/F, RAILWAY QUARTERS, YELAHANKA, BENGALURU - 560 106. …RESPONDENTS

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(BY SMT. ANITHA GIRISH, HCGP)

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2 - NC: 2024:KHC:10321 CRL.P No. 1226 of 2024

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.4845/2023 (VIDE ANNEXURE-A) AND ENTIRE PROCEEDINGS IN C.C.NO.4845/2023, ON THE FILE OF VI ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU FOR THE OFFENCE P/U/S 498A, 420, 120B OF IPC AND SEC. 3 AND 4 OF D.P. ACT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned High Court Government Pleader accepts notice for the respondent No.1-State.

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Smt. Roopa B.M., learned counsel filed vakalath to appear on behalf of respondent No.2.

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This petition is filed by the petitioners-accused Nos.1 and 2 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.4845/2023 arising out of Crime No.183/2022 registered by East Zone Women Police Station, Bengaluru and charge sheeted for the offences punishable under Sections 498A, 420, 120(B), 504 of IPC and Sections 3 and 4 of the D.P. Act.

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During pendency of the petition, both petitioners and respondent No.2 appeared before the Court along with their counsels and filed joint compromise application on

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NC: 2024:KHC:10321 CRL.P No. 1226 of 2024

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I.A.No.1/2024 under Section 320 read with Section 482 of Cr.P.C. along with joint affidavit seeking permission of this Court to compound the offences and also submits that the matter has been settled between them and the divorce has been granted in M.C.No.6712/2021.

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As per the settlement, petitioner No.1 has agreed to pay Rs.3,50,000/- to respondent No.2 towards permanent alimony. The amount of Rs.2,50,000/- is already paid by petitioner No.1 and remaining amount of Rs.1,00,000/- paid today by way of D.D. The same is received and acknowledged by the learned counsel for respondent No.2.

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Submission of both the parties are placed on

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record.

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As per the judgment of the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab and Another reported in 2012 CRI.L.J.4934 wherein, it has been held that in cases where the parties have settled the dispute between them in respect of a matrimonial case, the Court can quash the proceedings. Hence, I.A.No.1/2024 is allowed. The parties are permitted to compound the offences.

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4 - NC: 2024:KHC:10321 CRL.P No. 1226 of 2024

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Consequently, the petition is allowed . The criminal

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proceedings against the petitioners-accused Nos.1 and 2 in C.C.No.4845/2023 arising out of Crime No.183/2022 registered by East Zone Women Police Station, Bengaluru is hereby quashed.

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Sd/JUDGE

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GBB List No.: 1 Sl No.: 38 CT:SK

Sri Naveen Kumar K v. the State of Karnataka

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Sri Naveen Kumar K v. the State of Karnataka

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